Q & A

New Tenant Protection Vouchers Available for Youth Aging Out of Foster Care

August 15, 2019    

HUD recently announced a new Foster Youth to Independence (FYI) Initiative that will offer housing vouchers to local public housing authorities to prevent or end homelessness among young adults under the age of 25 who are leaving, or have recently left, the foster care system without a home to...

HUD to Propose Changes to Disparate Impact Regs

August 15, 2019    

The Office of Information and Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) recently cleared HUD’s proposed changes to the disparate impact regulations. The update to HUD’s 2013 disparate impact rule would require plaintiffs to meet a five-step threshold to...

Two-Year Budget Deal Allows HUD Appropriations Process to Advance

August 15, 2019    

President Trump recently signed a budget deal that increases federal spending and lifts the nation’s borrowing limit. The new law suspends the debt ceiling through July 2021, removing the threat of a default during the 2020 elections, and raises domestic and military spending by more than...

PHA Accountants May Be Held Liable for Former Director’s Fraud

August 15, 2019    

Facts: A local PHA sued its former accountants, seeking to recover losses from their alleged negligent failure to detect the fraudulent conduct of its former executive director and former finance director. The former executive director’s employment agreements established...

PHA Can Terminate Resident’s Benefits Due to Unauthorized Occupant

August 15, 2019    

Facts: A local PHA sent a resident a notice of the termination of her participation in the Section 8 program. The PHA claimed that the resident improperly permitted an unauthorized occupant to reside with her and this occupant violated the rule against criminal activity by...

City's Section 8 Antidiscrimination Ordinance Doesn't Violate Owner's Rights

July 17, 2019    

Facts: An owner sued the city over a new law that bars owners from screening out prospective tenants who use Section 8 vouchers. Under the new rules, owners can screen prospective renters but can no longer stipulate that Section 8 tenants aren’t allowed. The ordinance...

Defective Pre-Termination Notice Included Undesignated Charges

July 17, 2019    

Facts: A Section 8 resident signed a HUD model lease for a unit. The term of the lease was for one year, and the resident remained in the unit after the first year on a month-to-month basis. The owner filed for eviction based on the nonpayment of rent in the amount of $1,402....

Resident Breached Lease by Failing to Pay Rent

July 17, 2019    

Facts: A resident of a HUD-assisted site received a rent subsidy that reduced her monthly portion of the rent to $139 of the total rent of $532. The owner sent the resident a “Notice of Termination of Lease” informing her that her lease would be terminated effective...

Senate Confirms Two HUD Assistant Secretaries

July 17, 2019    

The Senate recently confirmed Hunter Kurtz to be HUD Assistant Secretary for Public and Indian Housing (PIH) and Seth Appleton to be HUD Assistant Secretary for Policy Development and Research (PD&R). Prior to the Senate confirmations, neither PIH nor PD&R had assistant secretaries...

HUD Secretary to Chair White House Council on Affordable Housing

July 17, 2019    

President Trump recently signed an Executive Order to establish the White House Council on Eliminating Barriers to Affordable Housing Development. The council is headed by HUD Secretary Ben Carson and consists of members across eight federal agencies. They will engage with state, local, and...

JCHS Report Sheds Light on Lack of Affordable Housing Production

July 17, 2019    

Harvard University’s Joint Center for Housing Studies (JCHS) recently released its annual report, “The State of the Nation’s Housing 2019.” The report examines the state of the housing market in 2018, finding that, while the housing market improved in many respects over...

HUD Offers $150M to Provide Affordable Housing to People with Disabilities

July 17, 2019    

HUD is offering $150 million in grants to provide affordable housing to approximately 18,000 non-elderly persons living with disabilities. HUD anticipates awarding 300 grants ranging from $20,000 up to $3 million to eligible public housing agencies. HUD’s Mainstream Housing Choice Voucher...